Legal Question in Wills and Trusts in California

my mother passed in may 2011. my oldest son is first trustee. i am second and my daughter is third. there are 5 beneficaries and 4 want to sell real property my son, the trustee wants to rent it and is moving forward to do so. what rights do other beneficaries have? thank you


Asked on 10/30/11, 6:19 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Is the property part of a Trust or is it an asset that is part of a Will? If it is a Trust, your son must follow the rules set down in the Trust instructions but has the discretion to act under those terms. That the beneficiaries want the property sold does not mean the trustee must do so. If it is part of a Will, the same really applies but the property must be distributed earlier so your son would be more likely to sell the property. Ask him why he does not want to sell and what would convince him to sell the property.

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Answered on 10/30/11, 4:25 pm


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